All Knowledge & Insights By Date

Firm clients and friends with interests in perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and other perfluorinated chemicals (PFCs) are likely aware that the U.S. Environmental Protection Agency (EPA) is expected to issue by mid-May or so new guidance on safe drinking water levels for these chemicals. As EPA and a handful of states continue to address elevated levels of lead in drinking water, EPA Administrator McCarthy has made clear in various...

CHINA MIIT Publishes FAQs On China RoHS2: On May 16, 2016, the Ministry of Industry and Information Technology (MIIT) announced the availability of FAQs on the Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products (China RoHS2). According to the FAQs, products that are excluded from the scope of China RoHS2 include power generation, transmission, and distribution...

As many of our clients and friends know, George W. Wilson, Jr. died last November. George served as Bergeson & Campbell, P.C.'s (B&C®) chief technology officer for many years. To those of us who knew and worked with George, we loved his passion for life, we relied upon his expertise in information technology, and we appreciated and benefitted from his vision for the seamless integration of business, information technology, and accounting. Many more who did not have the pleasure of...

On April 11, 2016, the U.S. Environmental Protection Agency (EPA) issued a memorandum entitled "Coverage for ZirconizationTM Under 40 CFR Part 433 (Metal Finishing ELG)," which concludes that "wastewater generated by ZirconizationTM or a process that applies a zirconium oxide finish to a metal substrate is subject to the Metal Finishing [Effluent Limitation Guidelines (ELG)]." Zirconization is the trade name for a process that produces a zirconium oxide conversion on a metal substrate....

On April 22, 2016, the National Toxicology Program (NTP) issued a monograph concluding that cobalt and cobalt compounds that release cobalt ions in vivo are expected to cause human cancer. Specifically, NTP stated that "[t]here is sufficient evidence for the carcinogenicity of cobalt and cobalt compounds that release cobalt ions in vivo (collectively referred to as cobalt) in experimental animals based on increased incidence of malignant and/or a combination of malignant and...

On April 15, 2016, Bloomberg BNA Daily Environment Report published “European Commission Sets Out Terminology for Nanomaterial Assessment,” an article focusing on the EC Joint Research Center’s release of definitions for 43 nanotechnology risk assessment terms. […]JRC technical reports are respected resources that have demonstrable value, and can be widely used, but it has no binding legal effect, Lynn Bergeson, managing partner of the U.S.-headquartered law firm...

On April 5, 2016, Inside EPA included comments from a Pesticide Law and Policy Blog post written by Acta Vice President and B&C partner Lisa Campbell and B&C attorney Timothy Backstrom in the article “Bayer Eyes Rare FIFRA Hearing To Challenge EPA Pesticide Cancellation.”  Observers tracking the case say that whether the Office of Administrative Law Judges (ALJ) requires EPA to follow the lengthier cancellation process under FIFRA...

On April 4, 2016, the U.S. Environmental Protection Agency (EPA) published its updated Recommended Aquatic Life Ambient Water Quality Criteria for Cadmium -- 2016 under Section 304(a) of the Clean Water Act (CWA). 81 Fed. Reg. 19176. The updated cadmium criteria recommendations replace the criteria values that EPA last issued in 2001. The CWA directs EPA to develop, publish, and periodically revise the ambient water quality criteria for aquatic life and human health that best reflect...

On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule amends the list of chemical substances that are partially exempt from additional reporting requirements under the Chemical Data Reporting (CDR) rule. The rule applies to six biodiesel chemicals that are very similar to petroleum based biodiesel chemicals...

On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations covering "clear and reasonable warnings" requirements. OEHHA states that the proposed changes are based on its response to the written comments it received on the proposed rule, and on oral comments provided during a January 13, 2016, public hearing. The modifications...